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Republic Act 7877 "Anti-Sexual Harassment Act of 1995"

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LESSON 8

Republic Act 7877


Anti-Sexual Harassment Act of 1995
Sexual Harassment?
Unwelcome verbal, visual or physical
conduct of a sexual nature that is
SEVERE or PERVASIVE and affects
working conditions or creates a hostile
work environment.
AN ACT DECLARING SEXUAL
HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES.
Be it enacted by the Senate and House
of Representatives of the Philippines in
Congress assembled:
SECTION 1. Title. - This Act shall be known as
the "Anti-Sexual Harassment Act of 1995."

SECTION 2. Declaration of Policy. - The State


shall value the dignity of every individual,
enhance the development of its human
resources, guarantee full respect for human
rights, and uphold the dignity of workers,
employees, applicants for employment,
students or those undergoing training,
instruction or education. Towards this end, all
SECTION 3. Work, Education or Training -
related, Sexual Harassment Defined. -
Work, education or training-related sexual
harassment is committed by an employer,
employee, manager, supervisor, agent of
the employee, teacher, instructor,
professor, coach, trainor, or any other
person who, having authority, influence or
moral ascendancy over another in a work
or training or education environment,
demands, requests or otherwise requires
any sexual favor from the other, regardless
of whether the demand, request or
(a) In a work-related or employment
environment, sexual harassment is
committed when:
1. The sexual favor is made as a condition in
the hiring or in the employment, re-
employment or continued employment of
said individual, or in granting said individual
favorable compensation, terms of conditions,
promotions, or privileges; or the refusal to
grant the sexual favor results in limiting,
segregating or classifying the employee
2. The above acts would impair the
employee's rights or privileges under
existing labor laws; or
3. The above acts would result in an
intimidating, hostile, or offensive
environment for the employee.
(b) In an education or training environment,
sexual harassment is committed:
1. Against one who is under the care,
custody or supervision of the offender;
3. When the sexual favor is made a
condition to the giving of a passing grade,
or the granting of honors and
scholarships, or the payment of a stipend,
allowance or other benefits, privileges, or
consideration; or
4. When the sexual advances result in an
intimidating, hostile or offensive
environment for the student, trainee or
Any person who directs or induces
another to commit any act of sexual
harassment as herein defined, or who
cooperates in the commission thereof by
another without which it would not have
been committed, shall also be held liable
under this Act.
SECTION 4. Duty of the Employer or
Head of Office in a Work-related,
Education or Training Environment. - It
shall be the duty of the employer or the
head of the work-related, educational or
training environment or institution, to
prevent or deter the commission of acts
of sexual harassment and to provide the
procedures for the resolution,
settlement or prosecution of acts of
(a) Promulgate appropriate rules and
regulations in consultation with and jointly
approved by the employees or students or
trainees, through their duly designated
representatives, prescribing the procedure
for the investigation of sexual harassment
cases and the administrative sanctions
therefor.
Administrative sanctions shall not be a bar
The said rules and regulations issued pursuant
to this subsection (a) shall include, among
others, guidelines on proper decorum in the
workplace and educational or training
institutions.
(b) Create a committee on decorum and
investigation of cases on sexual harassment.
The committee shall conduct meetings, as the
case may be, with officers and employees,
teachers, instructors, professors, coaches,
trainors, and students or trainees to increase
In the case of a work-related environment,
the committee shall be composed of at least
one (1) representative each from the
management, the union, if any, the employees
from the supervisory rank, and from the rank
and file employees.
In the case of the educational or training
institution, the committee shall be composed
of at least one (1) representative from the
administration, the trainors, instructors,
professors or coaches and students or
trainees, as the case may be.
SECTION 5. Liability of the Employer,
Head of Office, Educational or Training
Institution. - The employer or head of
office, educational or training institution
shall be solidarily liable for damages
arising from the acts of sexual
harassment committed in the
employment, education or training
environment if the employer or head of
SECTION 6. Independent Action for
Damages. -
Nothing in this Act shall preclude the
victim of work, education or training-
related sexual harassment from instituting
a separate and independent action for
damages and other affirmative relief.
SECTION 7. Penalties. - Any person
who violates the provisions of this Act
shall, upon conviction, be penalized by
imprisonment of not less than one (1)
month nor more than six (6) months, or a
fine of not less than Ten thousand pesos
(P10,000) nor more than Twenty
thousand pesos (P20,000), or both such
fine and imprisonment at the discretion of
the court.
SECTION 8. Separability Clause. - If
any portion or provision of this Act is
declared void or unconstitutional, the
remaining portions or provisions hereof
shall not be affected by such declaration.
SECTION 9. Repealing Clause. - All
laws, decrees, orders, rules and
regulations, other issuances, or parts
thereof inconsistent with the provisions
SECTION 10. Effectivity Clause. - This
Act shall take effect fifteen (15) days
after its complete publication in at least
two (2) national newspapers of general
circulation.

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